Case summary written by Wade Jacobs and checked by Musa Mathebula 09 October 2020 Background This is an urgent application by the Applicant in the High Court for an order declaring that the First Respondent’s notice to appoint a third party in terms of the provisions of section 179 of the Tax Administration Act 28

Case summary written by Courtney Altmuner and checked by Danm Duguid 08 October 2020 Background The Applicant (“Mr Trower”) was employed as a paint shop supervisor by the Respondent (“Everstar Industries (Pty) Ltd”). The Respondent adopted its own ‘Zero Tolerance Policy’, stipulating that employees may not report for work under the influence of any drugs

Case summary written by Celeste Frank and checked by Jordan Dias 08 October 2020 BACKGROUND In and during 2009 and 2010, Massmart Holdings Limited (“Massmart”) retrenched 503 employees who worked for Game stores and several other locations, citing operational reasons. On 27 September 2010, Massmart announced that the Wal-Mart Stores (“Wal-Mart”) intended to acquire a

Case summary written by Sean Buskin and checked by Stefan Bezuidenhout 5 October 2020                                   Background This case concerns an application by Willem Hendrik Frederik Du Plooy (“the First Respondent”), Chanel Celeste De La Roche-Vivviers (“the Second Respondent”), Wihan Groenewald (“the Third Respondent”), Oopkop (Pty) Ltd (“the Fourth Respondent”), Willem Hendrik Frederik Du Plooy (“the Fifth

Case summary written by Tayla Bruce and checked by Jayna Hira. 05 October 2020 Background The Applicant (“Imbumba”) is an association consisting of twenty-five-member non-profit organisations, whose function is to provide specialised community-based care in accordance with section 11 of the Older Persons Act 13 of 2006 (“the Members”). Each of the Members entered into

By Stefano de Gouveia, Candidate Attorney In an application for leave to appeal heard by the Honourable Judge Vally on Monday 28 September 2020, the Johannesburg Roads Agency’s (the “JRA”) application was dismissed with costs and Vumacam Proprietary Limited’s (“Vumacam”) application in terms of section 18 of the Superior Courts Act 10 of 2013 (the

By Chantelle Gladwin-Wood, Partner and Maike Gohl, Partner Introduction This article explains your rights as a property owner when a neighbour violates a building line or encroaches on your land. Determining Building Lines Every property has several imaginary lines that run along the inside of the property parallel to the borders, a few metres away

By Chantelle Gladwin-Wood, Partner and Maike Gohl, Partner Introduction This article examines the legal rights of property owners and occupiers in dealing with so-called “illegal buildings” (which are buildings that are built contrary to the approved plans on file at the municipality, or buildings that are built in contravention of any zoning, town planning, title

By Chantelle Gladwin-Wood, Partner and Maike Gohl, Partner  INTRODUCTION A disturbing trend is emerging in the property industry in terms of which hundreds of property transfers are being seriously delayed, not because of any of the parties to the sale, but rather because the municipalities are failing to provide rates clearance figures within a reasonable

Written by Marc Barros Gevers, Candidate Attorney and Dingumuzi Ndhlovu, Associate Introduction As the old adage goes, nothing is certain in life but death and taxes. However, unlike the former, there are certain entities which are exempt from normal tax. These tax-exempt entities are provided for in Section 10 of the Income Tax Act 58